Pharmagona Ltd v Taheri & Anor [2020] EWHC 66 (Ch) (17 January 2020)

Pharmagona Ltd v Taheri & Anor [2020] EWHC 66 (Ch) (17 January 2020)

The Defendants failed to comply with the Unless Order by not delivering a signed letter of authority by the deadline. Their non-compliance was serious and deliberate, and no grounds for relief from sanction or variation of the order were established. The Claimant is entitled to judgment for the amount claimed.

Citation
[2020] EWHC 66 (Ch)
Parties
Claimant: Pharmagona Limited; First Defendant: Sayed Mostafa Taheri; Second Defendant: Bahereh Mohammadi
Jurisdiction
England and Wales
Judgment Date
17 January 2020
Procedural Posture
Civil Commercial/fraud / Post Case Management, Application for Judgment Following Non Compliance With Unless Order
Outcome
Judgment for the Claimant; Defendants debarred from defending; applications for stay, reconsideration, and relief from sanction dismissed.
Legal Topics
Unless Orders, Relief From Sanctions, Disclosure, Freezing Orders, Case Management
Civil Procedure Commercial Law Fraud Unless Orders Relief From Sanctions Disclosure Freezing Orders Case Management

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Parties

Pharmagona Limited

Claimant

Sayed Mostafa Taheri

First Defendant

Bahereh Mohammadi

Second Defendant

Procedural Posture

Civil Commercial/fraud / Post Case Management, Application for Judgment Following Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the Defendants complied with the Unless Order requiring delivery of a signed letter of authority
  2. 2 Whether the Defendants are entitled to relief from sanction for non-compliance
  3. 3 Whether the Unless Order should be reconsidered or varied

Ratio Decidendi

The Defendants failed to comply with the Unless Order by not delivering a signed letter of authority by the deadline. Their non-compliance was serious and deliberate, and no grounds for relief from sanction or variation of the order were established. The Claimant is entitled to judgment for the amount claimed.

Court Disposition

Judgment for the Claimant; Defendants debarred from defending; applications for stay, reconsideration, and relief from sanction dismissed.

Orders

  • Judgment entered for the Claimant in the sum of £454,112.58 against both Defendants.
  • Defendants debarred from defending the claim.